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Colorado > Colorado Electoral Code > Recall and Vacancies In Office

1-12-108.5. Applicability of laws pertaining to initiative and referendum petitions and circulators

Overview of Statute

Certain regulations for initiatives and referendums will also govern recall petitions. No provision declared unconstitutional or invalid by a court will govern a recall election.


Sections 1-40-111 to 1-40-113 apply to recall elections conducted under this article. Nothing in this section permits the application to recall elections, nor the enforcement, of any provision of law held to be unconstitutional or otherwise declared invalid or enjoined by a court of law.



Source: L. 2014: Entire section added, (SB 14-158), ch. 170, p. 619, § 5, effective May 9.


Editor’s note: Section 17 of chapter 170 (SB 14-158), Session Laws of Colorado 2014, provides that changes to this section by the act apply to any recall petition approved for circulation by a designated election official or to any recall election held on or after May 9, 2014.

Cross references: For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014.

Definition [Designated election official]

The secretary of state, a county clerk and recorder, or other election official as provided by article XXI of the state constitution. C.R.S. § 1-12-100.5.

Definition [Election]

Any election under the “Uniform Election Code of 1992” or the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S. C.R.S. § 1-7.5-103.

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